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DECISION No

DECISION No. 1145/2002/QD-NHNN OF OCTOBER 18, 2002 PROMULGATING THE FINANCIAL REPORT REGIME APPLICABLE TO CREDIT INSTITUTIONS

THE STATE BANK GOVERNOR

Pursuant to Vietnam State Bank Law No.01/1997/QH10 and Credit Institutions Law No.02/1997/QH10 of December 12, 1997;

Pursuant to the Government�s Decree No.15/CP of March 2, 1993 stipulating the tasks, powers and State management responsibilities of the ministries and ministerial-level agencies;

At the proposal of the director of the Accountancy-Finance Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Financial Report Regime applicable to credit institutions.

Article 2.- This Decision takes effect as from December 25, 2002. The regulations on accounting reports of credit institutions in the Information and Reporting Regime promulgated together with the State Bank Governor�s Decision No.516/2000/QD-NHNN1 of December 18, 2000 shall cease to be effective.

Article 3.- The director of the Office, the director of the Accountancy-Finance Department, the director of the Banking Information Technology Department, the heads of the concerned units attached to the State Bank, the directors of the State Bank�s branches in the provinces and centrally-run cities, the chairmen of the managing boards and general directors (directors) of credit institutions shall have to implement this Decision.

For the State Bank Governor

Deputy Governor
VU THI LIEN

FINANCIAL REPORT REGIME APPLICABLE TO CREDIT INSTITUTIONS

(Promulgated together with the State Bank Governor�s Decision No. 1145/2002/QD-NHNN of October 18, 2002)

Part one

GENERAL PROVISIONS

Article 1.- Scope and objects of application

1. Financial reports of credit institutions (hereinafter referred to as financial reports for short) are general accounting reports made according to the accounting standards and regimes applicable to credit institutions.

Professional operation reports, statistical reports and other reports in service of administration and management of activities of credit institutions (including administration accounting reports) shall not be subject to this Regime.

2. This financial report regime shall apply to credit institutions established and operating under the Law on Credit Institutions.

Article 2.- Bases and principles for making financial reports

1. Financial reports shall be made on the basis of figures of accounts inside and outside the accounting balance sheet strictly according to the nature and content of accounts defined in the current system of book-keeping accounts of credit institutions.

2. Financial reports must promptly, completely, accurately, truthfully and objectively reflect figures and situation of operations of credit institutions. For a number of financial report forms accompanied by explanations, the explained matters must be presented clearly and fully.

3. The general directors (directors) of credit institutions shall be responsible for the accuracy, completeness and truthfulness of the contents of their own units� financial reports.

Article 3.- Forms of financial reports

Financial reports are presented in form of documents or data files on information carriers (magnetic tapes, discs, etc.) or transmitted via computer networks. Financial reports in both forms of documents and data files on information carriers or transmitted via computer networks must be consistent and match each other.

Article 4.- Sending and publicization of financial reports

1. Credit institutions shall have to send their financial reports to the State Bank strictly according to the procedures and deadlines prescribed in Articles 7 and 8 of this Regime.

2. Credit institutions shall have to send their financial reports to the relevant State management agencies according to the State�s current regulations.

3. The publicization or supply of figures from financial reports shall be made according to the current regulations.

Article 5.- Archival of financial reports

Written financial reports must be preserved and archived according to the current regulations on archival of accounting documents.

Part two

SPECIFIC PROVISIONS

Article 6.- Contents of the financial report system

1. The financial report system is composed of the following five forms:

No.

Signs

Names of forms

Reporting periods

1

F 01/TCTD

Book-keeping account balance sheet

Monthly, annual

2

F 02/TCTD

Accounting balance sheet

Quarterly, annual

3

F 03/TCTD

Business result report

Quarterly, annual

4

F 04/TCTD

Cash flow report

Annual

5

F 05/TCTD

Financial report explanation

Quarterly, annual

2. The Central Credit Fund shall make the book-keeping account balance sheet (monthly, annual), annual accounting balance sheet, profit distribution report and financial report explanation (the grassroots people�s credit funds shall only make book-keeping account balance sheets and profit distribution reports).

3. The contents and methods of calculating norms on each financial report are specified in the forms enclosed with this Regime (not printed herein).

Article 7.- The time limit for making and sending financial reports

Credit institutions shall have to comply with the time limit for making and sending financial reports to the State Bank, which are prescribed as follows:

1. For monthly financial reports:

- For grassroots people�s credit funds, the Central Credit Fund and its branches: The deadline for sending the financial report of a month shall be the 5th day of the following month.

- For other credit institutions: The deadline for sending the financial report of a month shall be the 10th day of the following month.

2. For quarterly financial reports:

- For credit institutions: The deadline for sending the financial report of a quarter shall be the 20th day of the first month of the following quarter at the latest.

3. For annual financial reports:

- For grassroots people�s credit funds, the Central Credit Fund and its branches: The deadline for sending the financial report of a year shall be March 31 of the following year.

- For other credit institutions: The deadline for sending the financial report of a year shall be January 20 of the following year.

If the last day of the time limit for sending financial reports falls on a holiday, new year festival or weekend, such financial reports shall be sent on the working day following such holiday, new year festival or weekend.

Article 8.- Procedures for sending financial reports

1. Procedures for sending financial reports to the State Bank:

a/ In the provinces and centrally-run cities:

- Transaction bureaus of credit institutions, branches of credit institutions (including subsidiaries of foreign banks� branches not yet transformed into foreign banks� branches) shall send financial reports in written form and, at the same time transmit them via computer networks (or send floppy disks containing files thereof) to the State Bank�s branches in the provinces or centrally-run cities (where they are headquartered) within the time limit prescribed for each type of financial report.

- The State-run and people�s joint-stock credit institutions, cooperative credit institutions (other than people�s credit funds), joint-venture credit institutions, foreign banks� branches in Vietnam, non-bank credit institutions with 100% foreign capital operating in Vietnam shall sum up figures of the entire system and send financial reports in written form, and at the same time transmit them via computer networks to the State Bank�s branches in the provinces and centrally-run cities (where they are headquartered) within the prescribed time limits.

- For cooperative credit funds being people�s credit funds:

+ Grassroots people�s credit funds and the Central Credit Fund�s branches shall send their financial reports in written form and transmit them via computer networks or on floppy disks (if conditions permit) to the State Bank�s branches in the provinces or centrally-run cities (sections for management of credit institutions or sections for general affairs and management of credit institutions), where they are headquartered.

+ In cases where the grassroots people�s credit funds send their financial reports in writing, the sections for general affairs and management of credit institutions (or sections for financial management of credit institutions) shall have to input those reports into computers, then send their files to informatics sections (teams, divisions) for subsequent transmission to the Department for Cooperative Credit Institutions through the Banking Information Technology Department.

b/ At the central level

- Periodically and within the prescribed time limits, the State-run credit institutions shall sum up figures of the entire system and send to the State Bank (the Bank Inspectorate) their financial reports in writing, and at the same time transmit them via computer networks (or send on floppy disks) to the Banking Information Technology Department.

The Bank Inspectorate shall duplicate the written financial reports received from the State-run credit institutions and send copies thereof to the Accountancy-Finance Department.

- Periodically and within the prescribed time limits, the Central People�s Credit Fund shall sum up figures supplied by its head office and branches, and send its financial reports in writing to the State Bank (the Department for Cooperative Credit Institutions), and at the same time transmit them via the computer network (or send on floppy disks) to the Banking Information Technology Department.

2. The procedures for sending financial reports within a credit institution shall be prescribed and guided by the general director (director) of such credit institution.

Article 9.- Responsibilities of credit institutions

Credit institutions, including their transaction bureaus, branches, representative offices and attached units applying the system of credit institutions� book-keeping accounts shall have to:

1. Make and send fully and promptly their financial reports according to the provisions of this Regime.

2. Affix fully their signatures and their units� seals on written financial reports in compliance with the regulations.

3. Encrypt, keep secret and transmit (send out) financial reports in form of data files on information carriers or via computer networks in strict compliance with the State Bank�s current regulations on transmission and reception of information and reports via networks or on magnetic tapes and disks.

4. Upon receiving the report-receiving units� inquiries about erroneous financial reports, review and re-check such financial reports and, if errors are found, promptly correct them by canceling erroneous reports, and then make and send correct ones to the report-receiving units, enclosed with answers to such inquiries inscribed with "errors corrected". In cases where they detect by themselves errors in their financial reports, they shall have to correct them as guided above.

Article 10.- Responsibilities of the units attached to the State Bank

1. The State Bank�s branches in the provinces and centrally-run cities shall have to:

a/ Act as receivers of financial reports in written form and in data files via communication networks of credit institutions in their respective localities; inspect the numerical accuracy of the financial reports. Particularly for book-keeping account balance sheets, the comparison of the balance at the beginning of the reporting period with that at the end of the preceding period must be made to ensure consistency and truthfulness.

b/ After receiving, examining and comparing financial reports according to the regulations, if such financial reports are error-free, promptly process and transmit them to the Banking Information Technology Department. If errors are detected, request the reporting units to check, correct and re-transmit the financial reports for further transmission according to the regulations.

c/ Exploit figures and situations supplied in financial reports to serve the performance of tasks and exercise of powers provided for by the State Bank Governor; manage and archive written financial reports.

2. The Banking Information Technology Department shall have to:

a/ Act as a coordinator to organize and receive financial reports transmitted by credit institutions, the State Bank�s branches in the provinces and centrally-run cities via computer networks (or sent on floppy disks); organize the safe and confidential archival of financial reports� data.

b/ Check the numerical accuracy of financial reports; sum up norms on financial reports according to the exploitation and use demands of the concerned departments and functional units attached to the State Bank.

c/ Guide credit institutions, the State Bank�s branches in the provinces and centrally-run cities and the departments and functional units attached to the State Bank in carrying out the transmission, reception and exploitation of financial reports� data on the computer networks according to the regulations.

d/ Ensure the uninterrupted, prompt, accurate, safe and confidential transmission of information.

3. The Accountancy-Finance Department shall have to guide the implementation of this Regime.

4. Basing themselves on their respective functions and tasks prescribed by the State Bank Governor, the departments and concerned units attached to the State Bank shall register with the Banking Information Technology Department for access to on-line financial reports according to their specific demands and shall be responsible for managing and using them within their respective units.

Part three

IMPLEMENTATION PROVISIONS

Article 11.- The amendment and supplement to this Regime shall be decided by the State Bank Governor.

For the State Bank Governor

Deputy Governor
VU THI LIEN